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Levy Court approves rezoning for Walnut Shade Road lot after planning commission backs change

6441076 · September 24, 2025
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Summary

Levy Court voted to rezone a ~6-acre parcel near Walnut Shade Road from Agricultural Residential (AR) to General Business (BG) after the Regional Planning Commission recommended approval; applicant John Nichols said infrastructure is adequate and neighbors support the request.

Levy Court approved an ordinance Tuesday rezoning a just-over-6-acre parcel near Walnut Shade Road from Agricultural Residential (AR) to General Business (BG), following a unanimous recommendation for approval from the Kent County Regional Planning Commission.

The applicant, John Nichols Jr., who identified himself as the owner/applicant of CZ25-03, told commissioners the site is “inside the growth overlay zone” and argued the parcel is consistent with surrounding commercial uses and is served by existing infrastructure. “Transportation facilities, water, sewer, storm drainage systems, and fire suppression facilities are adequate to serve the proposed use,” Nichols said, adding he had letters of neighbor support in the record.

Planning staff presented a written staff report recommending denial based on a comprehensive-plan determination, but the Regional Planning Commission concluded the proposal was compatible with nearby commercial parcels and recommended approval. Ms. Kiefer of planning staff said the planning commission had reached a different conclusion than staff after public hearing.

Commissioner Jody Sweeney moved to approve ordinance LC 25-15 (rezoning CZ25-03); the motion passed on roll call, 6–0 (Commissioner Maston absent). Recorded votes were: Angel — yes; Hall — yes; Hertz — yes; Pepper — yes; Sweeney — yes; Scott — yes. The motion cited the RPC recommendation and submitted public-support letters in the meeting packet.

Ending: With the Levy Court vote, the county will update the official zoning map and comprehensive plan map to reflect the BG designation for the parcel; the applicant may proceed with land-use steps appropriate to BG zoning.